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Bombay High CourtBA/3055/2022allowed

Lakhan @ Lakhya Sambhaji @ Shahaji Chavan v. The State Of Maharashtra

2023-10-05Hon'Ble Shri Justice Shivkumar Dige4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3055 OF 2022 Lakhan @ Lakhya Sambhaji @ Sahaji Chavan ...Applicants V/s.

The State of Maharashtra& Anr.

... Respondents ---- Mr.Sachin Hande, for the Applicant.

Mr.Y.Y. Dabke, APP for the Respondent-State.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 5th OCTOBER 2023 P.C:- .

By this Application, Applicant is seeking bail in Crime No.13 of 2022 registered with Karkamb Police Station, Solapur, for the offence punishable under Section 395 of the Indian Penal Code ('IPC' for short) and Sections 4 and 25 of the Indian Arms Act.

2.

It is contention of the learned counsel for the Applicant that, Accused Nos.1 has been released on bail by this Court (Coram : N.R. Borkar, J.) by order dated 20th October N.S. Kamble page 1 of 4

2022 and Accused No.5 has been released on bail by this Court (Coram: M.S. Karnik, J.) by order dated 26th September 2023. Hence, Applicant is entitled for bail on the ground of parity. 3.

The learned APP, on instructions, fairly submitted that, Applicant is entitled for parity.

4.

I have heard both learned counsel. Perused FIR and charge-sheet.

5.

The role attributed to the Accused No.1 and Accused No.5 who are released on bail, is similar to the role of the Applicant.

6.

In view of above, I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.13 of 2022 registered with Karkamb Police Station, Solapur on furnishing PR bond of Rs.25,000/- with one or two sureties in the like amount.

(ii) The Applicant shall attend the Investigating Officer of Karkamb Police Station, Solapur once in a N.S. Kamble page 2 of 4

month every 1st Sunday of the month between 11.00 a.m. to 1.00 p.m.

(iii) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The Applicant shall not tamper with evidence.

(iv) On being released on bail, the Applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(v) Except for attending the trial and for the purpose of reporting to the Investigating Officer, the Applicant shall not enter the Sangli and Solapur Districts after being released on bail, till the trial concludes.

(vi) The Applicant shall attend the trial regularly. N.S. Kamble page 3 of 4

(vii) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.) by NILAM SANTOSH KAMBLE Date: 2023.10.10 11:27:45 +0530 NILAM SANTOSH KAMBLE N.S. Kamble page 4 of 4